DOCSLIB.ORG

European Patent Procedure Explained

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
European Patent Procedure Explained European Patent Procedure Explained Patents in Europe When protecting an invention in Europe, you can either file a single European patent application covering 40 member states, or you can file individual national patent applications in each separate European state where you require patent protection. In general, if you require patent protection in more than a single national European state, it is likely to be more cost effective to file a European patent application under the European Patent Convention. European patent applications can take quite a long time to process. The average prosecution from filing to a decision on grant is around 44 months. Prosecution can be quicker in some individual national states. This is particularly true in the United Kingdom and Republic of Ireland. Additionally, short term patents (known as petty patents, or utility models), where there is generally a novelty requirement and either no inventive step requirement, or a lower level of inventive step requirement than for a European patent or a standard national patent, are available in some European states, for example Germany and Italy. These may have a cost or speed advantage over a standard national patent, or a European patent. However, for most inventions originating outside Europe, the European patent under the European Patent Convention, is the primary form of protection. European Patent - Overall Procedure From filing to grant, the stages are: - Filing the application: A full description, claims, abstract and where appropriate drawings, must be supplied at the point of filing. An application fee and search fee are also due on filing. The application can be filed in any official language of a member state, but a translation into English, French or German, the three official languages of the European Patent Convention, must be supplied shortly after filing. Around 80% of European patent applications are prosecuted in the English language. - Search: The European Patent Office issues either a search report, or an Extended European Search Report (EESR). If a standard search report is issued, this simply gives a list of prior art documents, with an indication of the relevance for novelty and inventive step or otherwise, denoted by a “X”, “Y”, or for less relevant documents, “A”. Page 1 of 4 Where an Extended European Search Report is issued, there is also a commentary which is similar to a substantive examination report. - Publication: This occurs on or shortly after 18 months from the earliest priority date. Publication can be brought forward by specific request. - Translation of the claims as published (provisional protection): Optionally, the applicant can file translations of the claims as published in the national language of each of the member states which have an official language other than the language of filing. This activates the time window for collecting damages or an account of profits in each state where claims translations are filed, to run from the time of filing translated claims during the patent pending phase. - Substantive examination: The European Patent Office issues a substantive examination report. A typical reply period is 4 months from date of issue although extensions are available. On the first substantive examination it is normal to receive objections based on prior art, and in many cases, there would be minor formal matters such as placing references numerals in the claim, placing the claim into the preferred European two part form including the phrase “characterised in that” or “characterised by”. - Grant procedure: The European Patent Office issues a communication setting out the text in which it intends to grant the patent (the Rule 71(3) EPC communication). Translations of the granted claims only into two other languages (usually French and German) need to be filed so that the granted specification has claims in all 3 European languages. - National validation: After grant, the European patent must be “validated” in each national member state in which protection is to continue. Typically validation consists of filing a translation into the national language of that state and paying official fees to the national patent office. Having now left the European Patent Convention procedure, the European patent is now a bundle of individual national patents, and renewal fees are payable on each national patent separately. According to the London Agreement, some states have a reduced requirement for national validation, which means that they relinquish the need to file a translation of the specification, or a translation of the claims. Notably, the UK, Germany and France will accept the European patent as granted without the need for further translations. - Opposition: The patent is open to opposition for a period of 9 months from the date of grant. Oppositions occur in around 5% of European patent applications. The procedure is mainly written and around half of all oppositions are determined on the state of the written submissions on file without the need to visit the European Patent Office. The remaining oppositions result in an oral hearing at one of the EPO offices in the Netherlands, Germany or Austria. Amendments During Prosecution The European Patent Office will accept patent specifications in many written formats at the point of filing. However, the European Patent Office will require amendment to comply with European Patent Convention format after filing. Typical amendments include: - Including a short description of the closest prior art item in the description. Provided that this is brief and factual, and relates solely to the prior art, this is not classified as “added matter”. Page 2 of 4 - Conversion of the claims to the European two part format. The claim is divided by the phrase “characterised in that” or “characterised by”. - Inclusion of reference numerals into the claim. The reference numerals refer to features in the drawings, and are for ease of understanding. They place no limitation on subsequent interpretation of the claim. - Generally, the summary of invention section needs to be brought into conformity with the amended claims prior to grant. Form and Content of the Specification The European Patent Office likes to see an explanation of the technical problem addressed by the invention, an explanation of prior art attempts at solving the problem, and the solution to the problem (being the claimed invention). Not all inventions fall into the problem-solution category, or arise out of a problem-solution type analysis, but where appropriate, the problem-solution format should be used. The European Patent Office does not rigidly apply the problem-solution methodology, and typically many applications originating outside Europe are not drafted in the problem-solution format, but are still perfectly well accepted by the European Patent Office. Patent specifications drafted in the international format under the Patent Cooperation Treaty Regulations are acceptable by the European Patent Office and indeed this is a preferred format. Form and Content of the Claims The European Patent Office prefer the European two part claim format, with the claim separated by the phrase “characterised in that”. All technical features appearing before that phrase are features which either alone or in combination can be found in the prior art. Technical features appearing after the phrase are typically those which are particularly relevant to novelty or inventive step, although strictly, the novelty and inventive step is determined by the content of the claim as a whole. In order to contain EPO workload, the European Patent Office charge excess claim fees for the 16th and subsequent claims up to 50. The official fee is a discouraging €210 per claim. For the 50th and subsequent claims, the official fee becomes more discouraging at €525 per claim. The fee structure strongly encourages claim sets of 15 or fewer. Excess claims fees need not be paid on filing, however, any claims for which fees have not been paid will not be examined and will need to be deleted from the application prior to grant. Unity of Invention All claims fall into one of two categories, either apparatus or method. Apparatus and method claims must involve the same inventive concept. It is possible to have other subcategories of independent claim including: Product of a process; Apparatus for carrying out the method. Similarly, for transmitter-receiver type inventions, both the transmitter and the receiver can be claimed as independent claims, provided they contain the same inventive concept. Page 3 of 4 National Validation Requirements After grant, the European patent continues as a bundle of individual national patents, each of which has to be individually activated in a member state in order to avoid lapse. Renewal fees are payable in each individual national state until the end of the 20 year term from filing. The original filing date of the European patent is maintained for each of the national states. The translation requirements differ from state to state, and there is a general trend towards reduction of translation requirements. The present situation is set out in the following table. Implementation of the London Agreement in its Contracting States States requiring that the description of the European States dispensing States requiring translation of the States dispensing patent be supplied in the official with translation claims of the European patent with translation language of the EPO requirements for the into one of its official languages
Load more

Recommended publications
  • The European Patent Convention and the London Agreement
    Feature European changes The European Patent Convention and the London Agreement EPC 2000 – why change? By Pierre-André Dubois and Shannon The EPC 1973 came into force in 1977 and Yavorsky, Kirkland & Ellis International LLP revolutionised patent practice. However, in the last 30 years, the patent landscape The European Patent Convention (EPC 2000) changed significantly and it became apparent came into force on 13th December 2007, that there was a real need to overhaul the introducing sweeping changes to the dated legislation. First, the Agreement on European patent system. The new Trade Related Aspects of Intellectual convention governs the granting of European Property Rights (TRIPs) and the Patent Law patents by the European Patent Office (EPO) Treaty (PLT) came into force, and it was and applies throughout the 34 contracting questionable whether the EPC 1973 was in states of the European Patent Organisation line with the provisions of each of these (ie, the 27 EU Member States as well as agreements. As one example, the EPC 2000 Croatia, Iceland, Liechtenstein, Monaco, clarifies that, in accordance with TRIPs, Norway, Switzerland and Turkey). The original patents can now be granted in all fields of convention (EPC 1973), which dates back to technology as long as they are new, 1973, was outdated due to a number of comprise an inventive step and are developments in international law and the susceptible of industrial application. Second, need to improve the procedure before the the EPC 1973 was difficult to amend and, in EPO. While the new convention does not the face of fast-changing technology and overhaul substantive patent law (ie, what European legislation, required greater is patentable and what is not), it does legislative flexibility.
    [Show full text]
  • En Munich, 23.11.2018 SUBJECT: Future
    CA/99/18 Orig.: en Munich, 23.11.2018 SUBJECT: Future EPO building projects – Orientation paper SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for opinion) SUMMARY This document describes the status of the EPO premises and the related building activities to be further elaborated on in the coming months for a more detailed proposal to the Administrative Council in June 2019. By then the different possible scenarios and their pros and cons will have been evaluated for further decision-making, and initial time schedules and cost estimates for the preferred scenarios will be presented. CA/99/18 e 2018-5337 - I - TABLE OF CONTENTS Subject Page I. STRATEGIC/OPERATIONAL 1 II. RECOMMENDATION 1 III. MAJORITY NEEDED 1 IV. CONTEXT 1 V. ARGUMENTS 3 A. MUNICH 3 B. THE HAGUE 6 C. BERLIN 8 D. VIENNA 8 VI. FINANCIAL IMPLICATIONS 10 VII. DOCUMENTS CITED 10 VIII. RECOMMENDATION FOR PUBLICATION 10 CA/99/18 e 2018-5337 I. STRATEGIC/OPERATIONAL 1. Strategic II. RECOMMENDATION 2. The Council is requested to give an opinion on this orientation paper. III. MAJORITY NEEDED 3. N.A. IV. CONTEXT 4. The President presented the overall strategy for building management and a status review of the EPO premises in his last activities report (CA/88/18). It is stated there that the EPO's building strategy is to deliver a modern working environment along with efficient and effective space management and to preserve the value of the EPO's assets. The Office's main goals for its buildings and the layout of workplaces are: Transparent, flexible and modern workplaces to foster collaboration Similar working conditions for all EPO staff at all sites Working conditions that improve staff well-being Maintenance to preserve asset value Increased sustainability and, in particular, reduction in carbon dioxide footprint Compliance with changing legal requirements to continuously ensure safety and security.
    [Show full text]
  • Patent Harmonisation and Utilisation: First Europe and Then the World?
    Patent Harmonisation and Utilisation: First Europe and Then the World? Dr Mark Weaver 3 December 2009 Director Practice & Procedure Utilisation and Harmonisation - Drivers Challenges • Worldwide Patent Application Backlogs - Millions • Duplication of Work • Increased Costs • Lack of Consistency • Increased Legal Uncertainty Possible Solutions • Utilisation and Work Sharing • New Bilateral or Multi-Lateral Agreements • Improve on Existing Work Sharing Agreements • Substantive Patent Law Harmonisation • Simplified Language Requirements First Europe ... European Patent Landscape EPO - 36 Member States Unified Patent Litigation System Austria • Belgium • Bulgaria • Croatia • UPLS Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania • Luxembourg • Former Yugoslav Republic of European and Macedonia • Malta • Monaco • Netherlands • Community Norway • Poland • Portugal • Romania • Community San Marino • Slovakia • Slovenia • Spain • Patents Court Patent Sweden • Switzerland • Turkey • United Kingdom ECPC European patent applications and patents can European also be extended at the applicant's request to Enhanced Patent Network the following states: Partnership Albania • Bosnia-Herzegovina • Serbia EPN Status: December 2009 European Patent Landscape • Unified Patent Litigation System • Draft Council Conclusions on an enhanced patent system in Europe http://register.consilium.europa.eu/pdf/en/09/st14/st14040.en09.pdf • Draft Council Agreement
    [Show full text]
  • The European Patent Convention, 3 Md
    Maryland Journal of International Law Volume 3 | Issue 2 Article 10 The urE opean Patent Convention Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the International Law Commons, and the International Trade Commons Recommended Citation The European Patent Convention, 3 Md. J. Int'l L. 408 (1978). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol3/iss2/10 This Notes & Comments is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. THE EUROPEAN PATENT CONVENTION The European Patent Convention' (EPC) is an attempt to simplify European patent law. The Convention provides a procedure for securing a single, European patent,2 which has the effect of a national patent in the signatory nations designated in the application. Through this alternative to national procedures, widespread patent coverage should be easier to obtain. Require- patent, however, are rigorous and its ments for a European 3 attraction is primarily the consolidation of the grant procedures. The EPC establishes several organs to handle the various aspects of the patent application procedure. The European Patent Office (EPO), located in Munich, is the international equivalent of a national patent office. Its administrative divisions are the General Search Division, the Examining Division, and the Opposition Division. The Receiving Section is at The Hague. The first procedural step is the filing of an application at either a national patent office or directly with the EPO.4 The application may be in any of the three official languages (English, French, or German) and the applicant's choice becomes the language of the proceedings.5 The Receiving Section subjects the application to both a preliminary6 and a supplementary formal examination to determine whether it is in proper form and all fees are paid.
    [Show full text]
  • PCT Applicant's Guide – National Phase
    DE PCT Applicant’s Guide – National Phase – National Chapter – DE Page 1 GERMAN PATENT AND TRADE MARK OFFICE (DEUTSCHES PATENT- UND MARKENAMT) AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE—SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees ............................................................... Annex DE.I National processing request form (patents) .................................. Annex DE.II National processing request form (utility models) .............................. Annex DE.III Declaration concerning the inventor ....................................... Annex DE.IV List of abbreviations: Office: German Patent and Trade Mark Office PatG: Patent Act [Patentgesetz] GebrMG: Utility Model Act [Gebrauchsmustergesetz] IntPatÜbkG: Act on International Patent Conventions [Gesetz über internationale Patentübereinkommen] PatKostG: Patent Costs Act [Patentkostengesetz] PatKostZV: Ordinance on Payment of Patent Costs of the German Patent and Trade Mark Office and the Federal Patent Court [Patentkostenzahlungsverordnung] DPMAV: Ordinance concerning the German Patent and Trade Mark Office [Verordnung über das Deutsche Patent- und Markenamt] (25 March 2021) DE PCT Applicant’s Guide – National Phase – National Chapter – DE Page 3 SUMMARY Designated SUMMARY (or elected) Office DE GERMAN PATENT AND DE TRADE MARK OFFICE Summary of requirements for entry into the national phase Time limits applicable for entry into the Under PCT Article 22(1): 30 months from the priority date national phase: Under PCT Article
    [Show full text]
  • EUROPEAN PATENT OFFICE Guidelines for Examination General Part Amended in December, 2007
    EUROPEAN PATENT OFFICE Guidelines for Examination General Part Amended in December, 2007 CONTENTS 1. Preliminary remarks 2. Explanatory notes 2.1 Overview 2.2 Abbreviations 3. General remarks 4. Work at the EPO 5. Survey of the processing of applications and patents at the EPO 6. Contracting States to the EPC 7. Extension to states not party to the EPC 1 1. Preliminary remarks In accordance with Art. 10(2)(a) of the European Patent Convention (EPC), the President of the European Patent Office (EPO) had adopted, effective as at 1 June 1978, the Guidelines for Examination in the European Patent Office. These Guidelines have been and will be updated at regular intervals to take account of developments in European patent law and practice. Amended or new text (as compared to the latest previous version only) is indicated by a vertical line in the right-hand margin. Mere deletions are indicated by two horizontal lines in the right-hand margin. Usually, updates only involve amendments to specific sentences or passages on individual pages, in order to bring at least part of the text more closely into line with patent law and EPO practice as these continue to evolve. It follows that no update can ever claim to be complete. Any indication from readers drawing the attention to errors as well as suggestions for improvement are highly appreciated and may be sent by e-mail to: [email protected] The Guidelines for Examination in the European Patent Office are also published by the EPO in an electronic, searchable form on the Internet via the EPO website: http://www.epo.org 2.
    [Show full text]
  • Guidelines for Examination in the European Patent Office
    GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European
    [Show full text]
  • WEICKMANN & WEICKMANN LONDON Agreement Overview
    1 YEARS 2 WEICKMANN & WEICKMANN 8 0 8 0 125JAHRE Patentanwälte 2 7 European Patent Attorneys · European Trademark and Design Attorneys DIPL.-ING. H. WEICKMANN (bis 2001) DIPL.-ING. F. A. WEICKMANN DIPL.-CHEM. B. HUBER (bis 2006) DR.-ING. H. LISKA DIPL.-PHYS. DR. J. PRECHTEL LL.M. DIPL.-CHEM. DR. B. BÖHM DIPL.-CHEM. DR. W. WEISS DIPL.-PHYS. DR. J. TIESMEYER DIPL.-PHYS. DR. M. HERZOG DIPL.-PHYS. B. RUTTENSPERGER DIPL.-PHYS. DR.-ING. V. JORDAN DIPL.-CHEM. DR. M. DEY DIPL.-FORSTW. DR. J. LACHNIT Newsletter LL.M. DR. U. W. HERBERTH * DR.-ING. H.-J. TROSSIN 2008/03 * Rechtsanwalt LONDON Agreement Overview Our last newsletter (2008/02) generally informed about the London Agreement. Now further details of the translation requirements have become known. To give you an overview of the present situation, we enclose a map of the member states of the European patent organisation and a corresponding table indicating the states which are members of the LONDON Agreement (green, blue, blue hatched) and the states which are not yet member states of the LONDON Agreement (yellow). States marked green are those member states of the LONDON Agreement which do not require a translation. States marked blue are those member states of the LONDON Agreement which require a translation of the claims into the national language. States marked blue hatched are those member states of the LONDON Agreement which not only require the claims to be translated into the national language but also require the filing of an English translation of the specification if the patent specification is not written in English.
    [Show full text]
  • The Road Towards a European Unitary Patent
    EUC Working Paper No. 21 Working Paper No. 21, March 2014 Unified European Front: The Road towards a European Unitary Patent Gaurav Jit Singh Faculty of Law, National University of Singapore Photo: BNEGroup.org ABSTRACT For over forty years, European countries have held numerous conferences and signed multiple international agreements aimed at either creating a unitary patent which will be valid in all European countries upon issuance or establishing a specialized European court with jurisdiction over patents. This paper first outlines the need for a unitary patent in the European Union and then chronicles the measures taken to support and milestones toward the creation of a European-wide unitary patent system. The paper then discusses the few problems and pitfalls that have prevented European countries from coming to an agreement on such a patent system. Finally, the paper considers the closely related agreements of ‘Unitary Patent Package’, the challenges facing these agreements and examines if it would finally result in an EU Unitary patent system that benefits one and all. The views expressed in this working paper are those of the author and do not necessarily reflect the views of the European Union or the EU Centre in Singapore. The EU Centre in Singapore is a partnership of 13 EUC Working Paper No. 21 UNIFIED EUROPEAN FRONT: THE ROAD TOWARDS A EUROPEAN UNITARY PATENT GAURAV JIT SINGH1 INTRODUCTION Obtaining, enforcing and maintaining patents in the EU are far from efficient or cost effective. An inventor that seeks patent protection in the European Union (EU) territory now has to either file for a national patent in each one of 28 national patent offices, or file for a European patent, granted by the European Patent Office (EPO), within the framework of the European Patent Convention (EPC)2.
    [Show full text]
  • Germany, Reparation Commission)
    REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Interpretation of London Agreement of August 9, 1924 (Germany, Reparation Commission) 24 March 1926, 29 January 1927, 29 May 1928 VOLUME II pp. 873-899 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 XXI a. INTERPRETATION OF LONDON "AGREEMENT OF AUGUST 9, 1924 *. PARTIES: Germany and Reparation Commission. SPECIAL AGREEMENT: Terms of submission contained in letter signed by Parties in Paris on August 28, 1925, in conformity with London Agree- ment of August 9, 1924. ARBITRATORS: Walter P. Cook (U.S.A.), President, Marc. Wallen- berg (Sweden), A. G. Kroller (Netherlands), Charles Rist (France), A. Mendelssohn Bartholdy (Germany). AWARD: The Hague, March 24, 1926. Social insurance funds in Alsace-Lorraine.—Social insurance funds in Upper Silesia.—Intention of a provision as a principle of interpretation.— Experts' report and countries not having accepted the report.—Baden Agreement of March 3, 1920.—Restitution in specie.—Spirit of a treaty.— Supply of coal to the S.S. Jupiter.—Transaction of private character. For bibliography, index and tables, see Volume III. 875 Special Agreement. AGREEMENT BETWEEN THE REPARATION COMMISSION AND THE GERMAN GOVERNMENT. Signed at London. August 9th, 1924. Ill (b) Any dispute which may arise between the Reparation Commission and the German Government with regard to the interpretation either of the present agreement and its schedules or of the experts' plan or of the •German legislation enacted in execution of that plan, shall be submitted to arbitration in accordance with the methods to be fixed and subject to the conditions to be determined by the London conference for questions of the interpretation of the experts' Dlan.
    [Show full text]
  • Library Start Your Business: Draft a Patent Application
    Library Start Your Business: Draft a Patent Application Azalea Ebbay Librarian, San Diego Public Library Roya Bagheri Staff Attorney, San Diego Volunteer Lawyer Program, Inc. Paul Yen Primary Examiner, U.S. Patent and Trademark Office June 10, 2020 Library Overview • Patent and Trademark Resource Center with Azalea Ebbay • San Diego Volunteer Lawyer Program, Inc. with Roya Bagheri • Learn How to Draft a Patent Application with Paul Yen Library Patent and Trademark Resource Center • Provide free access to patent and trademark resources provided by the USPTO • Direct you to information and explain the application process and fee schedule • Demonstrate how to use patent and trademark search tools • Show you a directory of local patent attorneys and agents who are licensed to practice before the USPTO • Assists with patent searches for an ancestor’s inventions • Offers free educational programs Note: We cannot provide business or legal advice. We cannot perform patent or trademark 2019 Start Your Business event searches. with San Diego Volunteer Lawyer Program, Inc. and Procopio Library Teaching patents to high school students for UCSD Rady School of Management’s LaunchPad Kid’s Invent It Month, a program children’s themed program Library You can borrow free small business eBooks with your library card on CloudLibrary. You can also pick up your holds at select San Diego Public Library locations. Library Our Final Event with the U.S.P.T.O. Trademark Application Walk-through with Jason Lott Date: June 17th Time: 2-3:30 p.m. PST Registration website: https://sandiego.librarymarket.com/events/start-your-business-trademark-application-w alk-through-webex-event Any questions? Azalea Ebbay, San Diego Public Library [email protected] (619) 238-6683 San Diego Volunteer Lawyer Program, Inc.
    [Show full text]
  • EPC 2000 the Revised European Patent Convention + the London Agreement
    EPC 2000 The Revised European Patent Convention + The London Agreement 2nd edition Königstraße 70 Am Literaturhaus 90402 Nürnberg Telefon: (0911) 89138-0 Telefax: (0911) 89138-29 Am Stein 12 D-97080 Würzburg Telefon: (0931) 286410 Telefax: (0931) 282597 E-Mail: [email protected] Internet: www.ip-goetz.eu 1 What is the EPC? A multilateral treaty (34 contracting states) for a centralised patent grant procedure before a single patent office (EPO). To modernize the European patent system and adapt it to TRIPS (Agreement on Trade Related Aspects of Intellectual Property Rights) and PLT (Patent Law Treaty), the revised EPC 2000 has entered into force on 12/13/2007. 2 What is the London Agreement? A multilateral sub-treaty (14 contracting states) to the EPC for the purpose to save translation costs (see at the end). 3 EPC 2000: Highlights at first glance (I) Changes in substantive patent law ➔ inventions in „all fields of technology“ (adaptation to TRIPS) no substantial change of current practise ➔ use-limited product protection for a second or further medical use of a kown substance (see example below) ➔ novelty-destroying effect of subsequently published EP application having an earlier priority date independent of country designation (see examples below) ➔ strengthening of extent of protection (see below) 4 EPC 2000: Highlights at first glance (II) Procedural „innovations“: ➔ Drastically decreasing requirements for the filing date (adaptation to PLT – see below) ➔ Re-establishment of rights and corrections in respect of priority claim ➔ Further processing of an application as standard legal remedy in respect of observing time limits ➔ Request by patent owner for centralised limitation or revocation of the EP patent ➔ Introduction of a third instance (Enlarged Board of Appeal) for the case of fundamental procedural defects in appeal proceedings (e.g.
    [Show full text]